Judge Payne applies “”important evidentiary principle”” to preclude telling jury about end product price (Core Wireless v. LG)
Published: 9/1/16
Publication: Essential Patent Blog
“Judge Payne recently denied defendant LG’s motion to exclude damages expert testimony on alleged standard essential patents (SEPs) where LG challenged the experts opinion (1) because he did not start with a royalty-rate that is then adjusted by applying Georgia-Pacific factors and (2) because he failed to apportion value to the patented feature given his reliance on the end product price. The patents-in-suit are alleged to be essential to the GSM, UMTS/HSPA and LTE cellular standards, but the […]
Competition policy v IP: striking a balance is a tricky exercise
Published: 8/5/16
Publication: Lexology
Conceptually, intellectual property rights (IPRs) and competition law appear to be at odds: the former grants temporary monopolies and the latter protects and encourages market competition. This potentially difficult relationship has been increasingly at the heart of competition policy.
As innovation becomes more important to economic success, there is a sharp focus on which policies best encourage successful innovation. Commissioner Vestager recently made it clear that both competition and IP law have a role: “To […]
An SEP licensing system with no rules has no future, says IEEE Standards Board executive
Published: 8/4/15
Publication: IAM
In a wide-ranging interview, Konstantinos Karachalios, the managing director of the IEEE Standards Association (IEEE-SA), has explained why he feels the changes made earlier this year to the IEEE-SA’s patent policy, were essential to the future stability of licensing worldwide. Speaking to the IAM blog Karachalios insisted: “This is about the dynamics of the entire system and a system with no rules has no future and the system where the rules are totally ambiguous has […]
RAND Agreement Proving Powerful Limit on Patentee Action: Microsoft v. Motorola
Published: 8/3/15
Publication: PatentlyO
In a well written decision, the 9th Circuit has affirmed the lower court ruling that Motorola/Google owes $14 million to Microsoft for failing to live-up to its RAND commitments. Although Motorola (now Google) committed several WiFi-essential patents to Reasonable and Non-Discriminatory (RAND) licensing, it later demanded that Microsoft pay a hefty royalty rate lest it be blocked from using WiFi. Those demands from Motorola should more properly be seen as a counter-offensive prompted by Microsoft’s […]
New Judicial Interpretation on Patent Infringement
Published: 8/1/16
Publication: Lexology
The Supreme Court of China (SPC) has recently published a new judicial interpretation with regards to the applicability of relevant laws when patent infringement cases are handled, which took effect from April 1, 2016. It is a further development of SPC’s judicial interpretation on the trial of patent infringement cases. The first part of the interpretation has been implemented since January 1st, 2010, and has been an important source of authority for lower courts in […]
Some Ericsson Patent Terms Made To TCL Deemed Fair
Published: 8/1/16
Publication: Law360
A California federal judge has ruled that some of the license terms Ericsson Inc. offered a Chinese mobile phone developer for standard-essential patents for wireless technology were fair and reasonable, narrowing the developer’s claims in its suit alleging Ericsson overcharged it. [READ MORE]